In Tanzania’s mining sector, adherence to regulatory frameworks governing dispute resolution is pivotal for stakeholders engaged in prospecting and mining operations. The recent enactment of the Mining (Disputes Resolution) Rules, under the Mining Act Cap 123 Revised Edition 2019, underscores the government’s commitment to fostering fair and efficient resolution mechanisms.
Overview of the Mining (Disputes Resolution) Rules
The Mining (Disputes Resolution) Rules, published in the Government Gazette dated 16 April 2021, replace the previous rules issued in Government Notice No. 224 of 1999. These rules directly impact individuals and entities involved in prospecting or mining activities, as well as third parties engaged in related disputes.

1. Authority and Scope of the Commission
   Under Section 119(1)(a)-(d) of the Mining Act, the Mining Commission is empowered to resolve disputes pertaining to:
   • Boundaries of mineral rights areas
   • Claims related to mining infrastructure and water usage priority
   • Compensation assessment and payments in accordance with the Mining Act
   • Any other matters prescribed by law
   The Executive Secretary of the Mining Commission, appointed by the President for a term of five (5) years, oversees dispute resolution. Delegation of dispute resolution powers is permissible to senior Commission officers.
2. Lodging and Assessment of Complaints
   Complaints are initiated through a Memorandum of Complaint (Form MDF.1), accompanied by a prescribed fee. The Commission registers and assigns a dispute number upon receipt. Notably, the Rules do not specify a time limit for lodging complaints, providing flexibility for complainants.
3. Fee Structure
   Fees for lodging complaints range from TZS 200,000 to TZS 1,500,000, depending on the complainant’s license type or status as a third party.
4. Procedural Timelines
   Upon registration, the Commission has fourteen (14) days to assess the dispute’s scope. If deemed within jurisdiction, the complainant serves the respondent with the Memorandum and a notice to file a defense (Form MDF.2) within seven days. Respondents must reply within fourteen days, although clarity is needed on the reply document.
5. Service and Witness Protocol
   Notice of hearing (Form MDF.3) is issued via registered post, fax, email, or other electronic means. Parties bear witness costs, subject to the decree holder’s right to claim costs.
6. Appeals Process
   While finality of Commission decisions is not explicitly stated in the Rules, the Mining Act allows appeals to the High Court of Tanzania within thirty (30) days of the Commission’s decision.

As Tanzania continues to attract investment in its mining sector, ongoing efforts to strengthen and refine dispute resolution mechanisms are crucial. Enhancing the efficiency and effectiveness of these mechanisms can further bolster investor confidence and promote sustainable growth in the mining industry.
Navigating Tanzania’s mining dispute resolution process requires meticulous attention to procedural guidelines and legal nuances. Stakeholders benefit from proactive engagement and compliance with the Mining (Disputes Resolution) Rules, ensuring timely and equitable resolution of mining-related disputes.
In conclusion, Tanzania’s Mining (Disputes Resolution) Rules provide a structured framework for resolving mining disputes, emphasizing transparency, fairness, and adherence to legal procedures. Stakeholders are encouraged to familiarize themselves with these rules to mitigate risks and promote sustainable mining practices.

Disclaimer: This article is authored by Ruwaida Manji, Associate from Rive & Co, a new and innovating law firm as a result of the partnership between ABC Attorneys, Stallion Attorneys & Sepia Attorneys, built on the foundation of trust, credibility, and novelty, offering expert legal solutions. This Article is for informational purposes only and should not be construed as legal advice. It is recommended to consult with a qualified legal professional for advice specific to your situation.